Date of Decision: July 24, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dance Coach and Choreographer
Field: Dance and Choreography
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The petitioner has served as a judge in allied fields, satisfying the criterion at 8 C.F.R. § 204.5(h)(3)(iv).
Published Materials About the Petitioner: Evidence established the petitioner was interviewed by major Russian radio stations, discussing her work as the creative director and choreographer, satisfying the criterion at 8 C.F.R. § 204.5(h)(3)(iii).
Artistic Exhibitions or Showcases: The petitioner’s work was demonstrated through her role as a choreographer for various dance groups performing at festivals, competitions, and concerts, satisfying the criterion at 8 C.F.R. § 204.5(h)(3)(vii).
Leading or Critical Role: The petitioner performed a leading role for a dance school, which has a distinguished reputation based on awards and prizes received, satisfying the criterion at 8 C.F.R. § 204.5(h)(3)(viii).
Criteria Not Met:
Awards and Prizes Won: The petitioner did not receive individual awards or prizes; the awards submitted were for her students or dance teams.
Membership in Associations: The petitioner did not demonstrate membership in associations requiring outstanding achievements judged by recognized experts.
Other Evidentiary Criteria: Additional criteria were not met or evidenced.
Key Points from the Decision
Awards and Prizes Won:
The awards presented were for the petitioner’s students and dance teams, not for the petitioner individually. The petitioner’s role as a choreographer and mentor does not qualify her for this criterion as per the decision.
Published Materials About the Petitioner:
The petitioner provided evidence of interviews on major Russian radio stations, establishing the criterion for published materials about her work.
Original Contributions of Major Significance:
No evidence was provided to demonstrate original contributions of major significance in the field of choreography.
Participation as a Judge:
The petitioner served as a judge for several talent competitions, fulfilling this criterion.
Membership in Associations:
The petitioner did not show evidence of membership in associations that require outstanding achievements of their members.
Authorship of Scholarly Articles:
No evidence was provided for this criterion.
Leading or Critical Role Performed:
The petitioner established a leading role in her dance school, which has received several awards, thus meeting this criterion.
Artistic Exhibitions or Showcases:
The petitioner’s work was showcased through her choreography for various groups, satisfying this criterion.
Evidence of High Salary or Remuneration:
No evidence was provided for this criterion.
Commercial Successes in the Performing Arts:
No evidence was provided for this criterion.
Supporting Documentation
The documentation included certificates of appreciation, letters confirming the petitioner’s participation and roles, awards won by her students and dance teams, radio interviews, and membership details of her dance school.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not demonstrate sustained national or international acclaim as a choreographer. Despite meeting some criteria, the overall evidence did not support the claim of extraordinary ability in the field of choreography.
Next Steps:
The petitioner may consider gathering more substantial evidence of individual achievements and acclaim within the field, focusing on personal awards, critical reviews, and documented contributions of major significance to strengthen future petitions.
